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ARTICLE · 02 NOVEMBER 2018

Not Even A Sporting Chance For Registration

McDermott Will & Emery
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The Federal Circuit addressed the TTAB's decision with respect to the following factors.

United StatesIntellectual Property
Mary Hallerman
Mary Hallerman
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The US Court of Appeals for the Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB) decision sustaining the US Patent and Trademark Office's refusal to register the mark DETROIT ATHLETIC CO. based on a likelihood of confusion. In Re: Detroit Athletic Co., Case No. 2017-2361 (Fed. Cir. Sept. 10, 2018) (O'Malley, J).

Since 2004, Detroit Athletic Co. (DACo) has used the mark DETROIT ATHLETIC CO. for its sports specialty shops that sell apparel and souvenirs related to Detroit's professional sports teams. In May 2015, DACo applied to register the mark DETROIT ATHLETIC CO. for "online retail consignment stores featuring sports team related clothing and apparel; retail apparel stores; retail shops featuring sports team related clothing and apparel; retail sports team related clothing and apparel stores." The examining attorney refused registration based on a likelihood of confusion with the registered mark DETROIT ATHLETIC CLUB for clothing, owned by a

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